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Moammar Badawi Dokhan
| place_of_birth = Damascus, Syria | date_of_arrest = | place_of_arrest= | arresting_authority= | date_of_release = | place_of_release= | date_of_death = | place_of_death = | citizenship = | detained_at = Guantanamo | id_number = 317 | group = | alias = | charge = No charge (extrajudicial detention) | penalty = | status = Released | csrt_summary = | csrt_transcript= | occupation = | spouse = | parents = | children = }} Moammar Badawi Dokhan is a citizen of Syria who was held in extrajudicial detention in the United States's Guantanamo Bay detention camps, in Cuba. His Guantanamo Internment Serial Number was 317. The Department of Defense reports that Dokhan was born on July 17, 1972, in Damascus, Syria. Combatant Status Review Tribunal Initially the Bush administration asserted that they could withhold all the protections of the Geneva Conventions to captives from the war on terror. This policy was challenged before the Judicial branch. Critics argued that the USA could not evade its obligation to conduct competent tribunals to determine whether captives are, or are not, entitled to the protections of prisoner of war status. Subsequently the Department of Defense instituted the Combatant Status Review Tribunal. The Tribunals, however, were not authorized to determine whether the captives were lawful combatants -- rather they were merely empowered to make a recommendation as to whether the captive had previously been correctly determined to match the Bush administration's definition of an enemy combatant. To comply with a Freedom of Information Act request, during the winter and spring of 2005, the Department of Defense released 507 memoranda. Those 507 memoranda each contained the allegations against a single detainee, prepared for their Combatant Status Review Tribunals. The detainee's name and ID numbers were redacted from all but one of the memoranda. However 169 of the memoranda had the detainee's ID hand-written on the top right hand of the first page corner. When the Department of Defense complied with a court order, and released official lists of the detainee's names and ID numbers it was possible to identify who those 169 were written about. Moammar Badawi Dokhan was one of those 169 detainees. Summary of Evidence memo (.pdf) prepared for Moammar Badawi Dokhan's Combatant Status Review Tribunal - October 12, 2004 - page 184 Allegations Writ of habeas corpus Moammar Badawi Dokhan had a writ of habeas corpus filed on his behalf. Military Commissions Act The Military Commissions Act of 2006 mandated that Guantanamo captives were no longer entitled to access the US civil justice system, so all outstanding habeas corpus petitions were stayed. mirror Boumediene v. Bush On 12 June 2008 the United States Supreme Court ruled, in Boumediene v. Bush, that the Military Commissions Act could not remove the right for Guantanamo captives to access the US Federal Court system. And all previous Guantanamo captives' habeas petitions were eligible to be re-instated. The judges considering the captives' habeas petitions would be considering whether the evidence used to compile the allegations the men and boys were enemy combatants justified a classification of "enemy combatant". mirror Factual return On December 30, 2008 United States Department of Justice official Daniel M. Barish informed the court that the DoJ had filed "factual returns" in seven habeas cases, including Moammar Badawi Dokhan's. Transfer to Portugal Two Syrian captives in Guantanamo were transferred to Portugal on August 28, 2009. On August 31, 2009 Carol Rosenberg writing in the Miami Herald reported that the two Syrians were Muhammed Khan Tumani and Moammar Dokhan. She reported that they were released following the reviews initiated by United States President Barack Obama. Their habeas corpus petitions had not yet been concluded. References External links * Who Are The Two Syrians Released From Guantánamo To Portugal? Andy Worthington Category:Living people Category:1972 births Category:Guantanamo detainees known to have been released Category:Syrian people Category:People from Damascus